ILLINOIS POLLUTION CONTROL BOARD

February

7,

1991

ROCKFORD PRODUCTS #2,

)

Petitioner,

v.

)

PCB 91—27

(Provisional Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

CONCURRING OPINION

(

by

B. Forcade and J.Theodore Meyer):

We agree with the action taken today in granting this

provisional variance, but would have added language to the Order

explaining

the function we see the Board performing

in these

decisions.

Since that language

is not present

in the Order, we

concur.

The Environmental Protection Act describes the provisional

variance process at

Section 35(b):

The Board

shall grant provisional variances,

only upon notification from the Agency that

compliance on a short term basis with any

rule or regulation,

requirement or order

of

the Board,

or with any permit requirement

would impose an arbitrary or unreasonable

hardship.

(Emphasis Added).

Pursuant to this statutory language, the General Assembly has not

empowered this Board to deliberate

the environmental consequences

of the provisional va,~j~nce

or review the merits of

the Agency

decision.

N

~

Board Member

Board Member

I,

Dorothy

M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Concurring Opinion was filed

on the

-~2~4-

day of

_____________________

1991.

~

~.

borothy M. ,~‘unn,C1~rk

Illinois P~’l1utionControl Board

118—307